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Identity Documents Bill Identity Documents Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill 1—EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Secretary Theresa May has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Identity Documents Bill are compatible with the Convention rights. Bill 1 55/1 Identity Documents Bill CONTENTS Repeal of Identity Cards Act 2006 1 Repeal of Identity Cards Act 2006 2 Cancellation of ID cards etc 3 Destruction of information recorded in National Identity Register False identity documents etc 4 Possession of false identity documents etc with improper intention 5 Apparatus designed or adapted for the making of false identity documents etc 6 Possession of false identity documents etc without reasonable excuse 7 Meaning of “identity document” 8 Meaning of “personal information” 9 Other definitions Verification of information 10 Verifying information provided with passport applications etc General 11 Orders 12 Consequential amendments 13 Transitional provision 14 Commencement, extent and short title Schedule — Consequential amendments Bill 1 55/1 Identity Documents Bill 1 A BILL TO Make provision for and in connection with the repeal of the Identity Cards Act 2006. E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present BParliament assembled, and by the authority of the same, as follows:— Repeal of Identity Cards Act 2006 1 Repeal of Identity Cards Act 2006 (1) The Identity Cards Act 2006 is repealed. (2) But— (a) sections 25 and 26 of that Act (possession of false identity documents 5 etc), and (b) section 38 of that Act (verifying information provided with passport applications etc), are re-enacted (with consequential amendments) by this Act. (3) In addition, the amendment of section 1 of the Consular Fees Act 1980 made by 10 section 36 of the Identity Cards Act 2006 continues to have effect subject to a consequential amendment (see paragraph 2 of the Schedule to this Act). 2 Cancellation of ID cards etc (1) No ID cards are to be issued by the Secretary of State at any time on or after the day on which this Act is passed. 15 (2) All ID cards that are valid immediately before that day are to be treated as cancelled by the Secretary of State at the end of the period of one month beginning with that day. (3) As soon as reasonably practicable after that day, the Secretary of State must send a letter to every cardholder— 20 (a) informing the cardholder that the cardholder’s ID card is to be treated as cancelled as mentioned in subsection (2), and Bill 1 55/1 2 Identity Documents Bill (b) providing the cardholder with such information about the consequences of its cancellation as the Secretary of State considers appropriate. (4) A letter under subsection (3) must be sent to the address recorded (at the time it is sent) in the National Identity Register as the address of the cardholder’s 5 principal place of residence in the United Kingdom. (5) For the purposes of this section a person is a “cardholder” if— (a) an ID card has been issued to the person, and (b) the ID card is valid immediately before the day on which this Act is passed. 10 (6) In this section “ID card” has the same meaning as in the Identity Cards Act 2006. 3 Destruction of information recorded in National Identity Register The Secretary of State must ensure that all the information recorded in the National Identity Register is destroyed before the end of the period of two 15 months beginning with the day on which this Act is passed. False identity documents etc 4 Possession of false identity documents etc with improper intention (1) It is an offence for a person (“P”) with an improper intention to have in P’s possession or under P’s control— 20 (a) an identity document that is false and that P knows or believes to be false, (b) an identity document that was improperly obtained and that P knows or believes to have been improperly obtained, or (c) an identity document that relates to someone else. 25 (2) Each of the following is an improper intention— (a) the intention of using the document for establishing personal information about P; (b) the intention of allowing or inducing another to use it for establishing, ascertaining or verifying personal information about P or anyone else. 30 (3) In subsection (2)(b) the reference to P or anyone else does not include, in the case of a document within subsection (1)(c), the individual to whom it relates. (4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both). 35 5 Apparatus designed or adapted for the making of false identity documents etc (1) It is an offence for a person (“P”) with the prohibited intention to make or to have in P’s possession or under P’s control— (a) any apparatus which, to P’s knowledge, is or has been specially designed or adapted for the making of false identity documents, or 40 (b) any article or material which, to P’s knowledge, is or has been specially designed or adapted to be used in the making of such documents. Identity Documents Bill 3 (2) The prohibited intention is the intention— (a) that P or another will make a false identity document, and (b) that the document will be used by somebody for establishing, ascertaining or verifying personal information about a person. (3) A person guilty of an offence under this section is liable, on conviction on 5 indictment, to imprisonment for a term not exceeding 10 years or a fine (or both). 6 Possession of false identity documents etc without reasonable excuse (1) It is a offence for a person (“P”), without reasonable excuse, to have in P’s possession or under P’s control— 10 (a) an identity document that is false, (b) an identity document that was improperly obtained, (c) an identity document that relates to someone else, (d) any apparatus which, to P’s knowledge, is or has been specially designed or adapted for the making of false identity documents, or 15 (e) any article or material which, to P’s knowledge, is or has been specially designed or adapted to be used in the making of such documents. (2) A person guilty of an offence under this section is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both), or 20 (b) on summary conviction, to imprisonment for a term not exceeding the maximum period or a fine not exceeding the statutory maximum (or both). (3) In subsection (2)(b) “the maximum period” means— (a) in England and Wales or Scotland, 12 months, and 25 (b) in Northern Ireland, 6 months. (4) In subsection (3)(a) the reference to 12 months in England and Wales is to be read, in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, as a reference to 6 months. 7 Meaning of “identity document” 30 (1) For the purposes of sections 4 to 6 “identity document” means any document that is or purports to be— (a) an immigration document, (b) a United Kingdom passport (within the meaning of the Immigration Act 1971), 35 (c) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation, (d) a document that can be used (in some or all circumstances) instead of a passport, 40 (e) a licence to drive a motor vehicle granted under Part 3 of the Road Traffic 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981, or (f) a driving licence issued by or on behalf of the authorities of a country or territory outside the United Kingdom. 45 4 Identity Documents Bill (2) In subsection (1)(a) “immigration document” means— (a) a document used for confirming the right of a person under the EU Treaties in respect of entry or residence in the United Kingdom, (b) a document that is given in exercise of immigration functions and records information about leave granted to a person to enter or to 5 remain in the United Kingdom, or (c) a registration card (within the meaning of section 26A of the Immigration Act 1971). (3) In subsection (2)(b) “immigration functions” means functions under the Immigration Acts (within the meaning of the Asylum and Immigration 10 (Treatment of Claimants, etc.) Act 2004). (4) References in subsection (1) to the issue of a document include its renewal, replacement or re-issue (with or without modifications). (5) In this section “document” includes a stamp or label. (6) The Secretary of State may by order amend the definition of “identity 15 document”. 8 Meaning of “personal information” (1) For the purposes of sections 4 and 5 “personal information”, in relation to an individual (“A”), means— (a) A’s full name, 20 (b) other names by which A is or has previously been known, (c) A’s gender, (d) A’s date and place of birth, (e) external characteristics of A that are capable of being used for identifying A, 25 (f) the address of A’s principal place of residence in the United Kingdom, (g) the address of every other place in the United Kingdom or elsewhere where A has a place of residence, (h) where in the United Kingdom and elsewhere A has previously been resident, 30 (i) the times at which A was resident at different places in the United Kingdom or elsewhere, (j) A’s current residential status, (k) residential statuses previously held by A, and (l) information about numbers allocated to A for identification purposes 35 and about the documents (including stamps or labels) to which they relate.
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